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House Approves Narrowed GRAMA Access for Investigative Records Over Opposition
Summary
After hours of debate over how to define "anticipated litigation" and the public interest standard, the Utah House passed HB 122, an amendment to the Government Records Access and Management Act that raises the threshold for releasing certain investigative records on appeal to "clear and convincing" evidence, 43-27.
The Utah House on Feb. 18 passed HB 122, amendments to the Government Records Access and Management Act (GRAMA), after a contentious floor debate that focused on how broadly agencies could withhold investigative records during pending or anticipated litigation. The measure passed 43-27 and was referred to the Senate.
Sponsor Representative Douglas Agard defended the bill as a narrowly tailored correction to existing practice intended to protect active law-enforcement investigations and attorney–client work product. "We need to protect investigative notes of law enforcement and our attorney general's office when they're investigating their cases,"…
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